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THE VENEZUELAN BOUNDARY COMMISSION
In addition to the influence exerted by the commission in
initiating the peaceful settlement of the dispute, the contribu
tion which it has made to the scholars of the world should not
be overlooked. The investigations in history and geography
set forth in the papers accompanying its report have a value
wholly apart from the case to which they owe their origin.
A few words about the arbitral tribunal and the work before
it must end this already too long article.
On February 2, 1897, a treaty of arbitration as to the boundary
was signed in Washington by Sefior Jose Andrade,for Venezuela,
and by Sir Julian Pauncefote, for Great Britain. It consists of 14
articles, describing in precise legal and formal phraseology how
the dispute is to be disposed of. A printed copy of that now
public treaty lies before me as I write. Let me summarize it.
First. An arbitral tribunal is to be named forthwith.
Second. It is to be composed of five jurists, two named by
Venezuela and two by Great Britain. Venezuela names Chief
Justice Fuller and Mr Justice Brewer, of the United States Su
preme Court, and Great Britain names Baron Herschell and Sir
Richard H. Collins, of Her Majesty's privy council. These four
are to select, on or before September 14, 1897, a fifth arbiter, a
jurist, who is to be president of the tribunal. In the event of
failure to do so, the fifth arbiter is to be chosen by the King of
Sweden.
Third. The tribunal is to determine what belonged to the
Netherlands and what to Spain at the time when Great Britain
acquired from the Dutch what is now British Guiana.
Fourth. The tribunal shall take account of all pertinent facts,
shall be governed by the principles of international law, and by
three rules, viz:
(a) Adverse possession or prescription for 50 years to consti
tute a good title.
(b) The arbitrators may recognize and give effect to laws sup
ported on any other valid foundation (than adverse possession)
and which conform to international law.
(c) In determining the boundary, if the tribunal shall find
that the territory of one party was at the date of this treaty oc
cupied by citizens or subjects of the other, it shall give to such
occupation the effect which in its opinion is required by reason,
justice, the principles of international law, and the equities of the
case.